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View Full Version : Changing Jobs post I140 Approval.


tingudi
03-23-2012, 11:55 AM
I am looking to change my job very soon. I have I140 in EB2 approved. I am just 6 months away from being current, but with the uncertainty in the movement of the dates, I am thinking of not letting a career opportunity with a new firm pass. I understand I have to repeat Labor, I140 with the new firm. Do you know if I need to get the experience letters from older employers again? I did it once during filling of I140at the current company (and it took few months to get them) and wasn't sure if USCIS would use the older experience letters which are in line with responsibilities at the new firm.

I appreciate any response or help/pointers you could provide for my transition to this new company from immigration's perspective.

krishmunn
03-23-2012, 12:03 PM
The old letters will work if it matches your new job requirements

tingudi
03-23-2012, 12:12 PM
Thanks krishmunn, but do those need to be original? I have copies of them, and I submitted the originals while filling I140 for the first time.

gk_2000
03-23-2012, 02:07 PM
Thanks krishmunn, but do those need to be original? I have copies of them, and I submitted the originals while filling I140 for the first time.

Unless I missed something -- I never had to submit my originals for my i-140, and I do think I have an approved i-140..

Why don't you ask for the originals back from your old employer? Don't be scared .....

krishmunn
03-23-2012, 04:27 PM
Thanks krishmunn, but do those need to be original? I have copies of them, and I submitted the originals while filling I140 for the first time.

There was no need to submit the originals. Even now you can proceed with copies. However, in rare case they might ask for the originals. As I understand, the possibilities are remote

tingudi
03-23-2012, 05:49 PM
Thanks Guys!!

Gandhi_II
03-24-2012, 03:28 PM
I am looking to change my job very soon. I have I140 in EB2 approved. I am just 6 months away from being current, but with the uncertainty in the movement of the dates, I am thinking of not letting a career opportunity with a new firm pass. I understand I have to repeat Labor, I140 with the new firm. Do you know if I need to get the experience letters from older employers again? I did it once during filling of I140at the current company (and it took few months to get them) and wasn't sure if USCIS would use the older experience letters which are in line with responsibilities at the new firm.

I appreciate any response or help/pointers you could provide for my transition to this new company from immigration's perspective.

Hey buddy - I am in the same boat. My priority date is July 2010 but with the retrogression, who knows how long it will take to become current. I have two STEM undergrads from top US universities and an MBA from a top 20 school. I have an approved I-140. If I decide to change employers at the end of this year, what do I need to do to have my current employer not withdraw the I-140?

tingudi
03-25-2012, 09:31 AM
Hey buddy - I am in the same boat. My priority date is July 2010 but with the retrogression, who knows how long it will take to become current. I have two STEM undergrads from top US universities and an MBA from a top 20 school. I have an approved I-140. If I decide to change employers at the end of this year, what do I need to do to have my current employer not withdraw the I-140?

I am no expert in this. But what i have understood after speaking to our Corporate lawyers was that my current firm does not proactively asks them to cancel the I140. There is nothing to gain in doing that. Unless the employer singles you out for any reason you should be able to carry the priority dates with you. Even after the cancellation I have heard it's possible to argue to keep the date. I guess we just have to keep our fingers crossed.
So I would say, have a discussion with your lawyers to know the options and the company policy etc.
Also, if others can comment on their experience that would be great.

Gandhi_II
03-25-2012, 07:19 PM
Anyone else have insights into how easy/tough it is to change jobs post I-140 approval? Especially given the Labor and I-140 has to be done again? As some background, I have two STEM undergrads from top US universities and an MBA from a top 20 school.

abhayjo
04-05-2012, 08:26 AM
I too have similar question as posted earlier in this thread. I have I-140 approval copy from my current employer and i am thinking of looking out for opportunities.

1. I am i the 6th year of my H1-B and my current employer hasn't yet applied for extension. Will the new company be able to get 3 year extension based on my current approved I-140 ?

2. If the existing company cancels the I-140 does it affect the H1-B status (since i got the extension based on the I-140 ) ?

3. How easy/difficult is it to port the current priority date ? I understand the new employer need to do new perm and I-140.

Will appreciate advice on this matter.